RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 1500, 19 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, July 18. [Before H. A. Stratford Esq., R.M., J. O'Hagan, Esq., and A. C. Campbell, Esq., J.P's.] y ' INDECENT ASSAULT.

William But-field Galland, carpenter, of Kumara, was charged, on the information of Reuben Toms, that, between the 6th day of December and the 20th day of December, 1880, at Kumara, in the colony of New Zealand, he did unlawfully and indecently assault a certain female named Agnes Alice Toms. Inspector Emerson conducted the prosecution. Mr Perkins appeared for the defendant. The first witness called was—

Agnes Alice Toms, who, being sworn, said : lam 13 years old. I understand the nature of an oath. I reside in Kumara with my parents. I know the defendant in this case. I was at his house in Kumara in December last, near Christmas time, on a Monday, at about seven o'clock in the evening, t went there for Lucy Galland to go to the Church of Eugland practice. ; Mr Gallaud opened the door. I went into the parlor, and found there Miss Mary Gallaud and his son Walter. Finding Lucy was not in, I left the parlor to go through the passage on my way to the Church of England. The accused shut the parlor door after I went out of it. Galland then insulted me. [Here witness explained the nature of the insult, which is not fit for publication.] He made no remark. I did not say anything to the accused. I tried to get away from him. The whole time I was in the passage would be about two minutes. I asked him to let me go. I pulled myself away from him; and went down the steps of the front door, the door being open. It was the accused who opened the front door. He opeued the front door before he [insulted me]. I was behind the front door when he [insulted me]. I did not say anything about this matter until next day, when I told Alice Rugg and Lizzie Mogdiidge. I also told my sister Kate afterwards. I know nothing else about the affair.

Cross-examined by Mr Perkins: I was going to practice that night. Practice began at 7 o'clock. After I left Galland's I went to practice. I did not find Lucy Galland there. It was daylight. Neither Mrs Galland nor Florence Galland were in the parlor. It is about three steps from the parlor door to the front door. I went out at the parlor door b?foro Mr Galland. He [insulted me] in front; the door was not wide open when this took j>lace. I did not scream or call out. If I had called they could have heard me in the parlor. When Mr Galland [insulted me] he had let go of the door. He bent down to insult me. I tried to push him away by the shoulders. I am sure I mean two minutes ; not two second?. I have been at Galland's perhaps half-a-dozen times since. I have not beer, there alone since. I went there alone before that time. I told Alice Rugg and Lizzie Mogdridge of it in the school playgronnd. I totd them that Mr Galland had insulted me, and what he did. I told them because they were my friends. J have spoken to them since about it; but not within the last week. I recollect Mrs Galland calling me into her house last Wednesday afternoon to ask me if Mr Galland ever insulted me. I did not tell Mrs Galland last Wi-dnasday afternoon that I never made any complaint about it. I did not tell Mr Galland either. My sister Kitty was with me last Wednesday. Mr Galland asked me last Wednesday who was in the parlor on the evening of- the alleged assault. I did not tell Mr Galland hist Wednesday at his house that Mrs Galland, Miss Florence, Lucy, and Maude and the accused were present wheu I called in December, on the evening of the assault. I did not see Florence Galland at accused's house last Wed-

nesday. I saw Lucy. Lucy waa there, but not in the parlor. I did tell Mr Galland last Wednesday when he asked me when this occurred that I did not know when it occurred ; it might he twelve months or it might be three years. I knew last Wednesday that it was in December. I did not want to tell him when it happened. Last Monday morning my father asked me if Mr Galland ever insulted me. I do not know why my father asked me. I told him Mr Galland never insulted me. My father asked me if I ever told Lizzie Mogdridge that Galland [insulted me]. I told him yes. No one was present when my father asked me. My father asked me about it twice last Monday. He asked me first if I knew Mr Galland was very vulgar with children ; my sister Kitty was present. I replied, No. lie asked me if Mr Galland ever said anything vulgar to me. I said No, I was frightened to tell my father anything. Cross-examined by Inspector Emerson : I think it was on Saturday week my father questioned me about these things. I do not know whether my father had made couplaints when Mrs Galland called me in to her house. Mr Galland was not there all the time when Mrs Galland put these questions to me. I did not tell Mrs Galland all that Galland did to me. I did not like to.

To the Bench : Daring the tvfra minutes that I was with the accused in the passage the piano was being played in the parlor. Gal land did not, let me go at once when I said " Let ine go • " I spoke not very loud. Kate Toms, being sworn, said : My name is Catherine Toms. I am 15 years of age. My father is a chemist, residing at Kumara. I live with him. The last witness is my sister. I know' the accused. It is, I think, about four or five months ago since my sister told me of'this affair ; she told me accused had insulted her.

[Counsel for defence here objected to any evidence • being adduced except what was said during the presence of the accused.] Witness .continued : Mrs * Galland asked my sister if accused insulted her, and she replied No. Cross-examined by Mr Perkins : When Mrs Galland asked my sister whether he said anything insulting to her, I think she said, No. I do net recollect Mr Galland asking her the question. I recollect Mr Galland asking my sister when this occurred. She said it might be twelve months or three years ago. My sister did not say in the presence of Mrs Galland that she had not told me. ' She did not say anything about me telling. My father asked her if Mrs Galland said anything to her. She said Mr Galland had insulted her. Her father never asked her in my preseuce if Mr Galland had taken liberties with her. I think I have been at Galland's house six times since last Christinas with my sister.

Cross examined by Inspector Emerson : I went to Galland's house last, of my own accord, about two weeks ago. I went there last Tuesday. I think the questions that were put to me in accused's house were friendly enough. Alice Rugg, being sworn, said: My name is Alice Rugg. I am 13 years old. I kuow the nature of an oath. My father is an hotel-keeper in Kumara. I live with my parents. I know the accused, Mr Galland. I know Alice Agnes Toms. She told me something that had occurred between her and the accused; it was about ten months ago, I think, but I cannot say how long. She said be had insulted her.

Cross-examined by Mr Perkins: It was going to school Agnes told me of this affair; it was in Tui street. Lizzie Mogdridge was with us at the time. That was the only time she told me. We are close friends. I saw her last Sunday before I went to the Sunday school; we were all talking together. I asked her to-day if she would like to go to Court, and she said No.

By the Bench : It was last Tuesday for the first time, in Tui street, that Agnes Toms spoke to me about this aii'air.

Lizzie Mogdridge, being sworn, said : I am 14 years old. My father is a diaper, residing in Kumara. I live with my parents. I know the accused. I know Agnes Alice Toms. She told iue something had occurred between her and Galland. It was about two months ago since she told ine. Cross-examined by Mr Perkins: Alice Rugg was with me when the conversation took place. I do not know where the conversation took place. This concluded the evidence. The Bench being of opinion that there is not prima facie case to put the prisoner on his trial before a jury, he will be discharged. Prisoner discharged ace <rdingly.